Parking Eye- Abersoch Golf Club. No POPLA code

Mutch201

Can anyone help me please?

Similar to other people in the forum we received a PCN at Abersoch golf club beach car park for an alleged offence on the 31/12/18. Annoyingly we had paid for a ticket but no longer have the original ticket to prove it.
The date of the alleged offence took place was 31/12/18.
The date the PCN was issued was the 24/01/19. It didn't arrive in the post until the 26/1/19.
I might be wrong but from what I've read in the forum the PCN needed to be issued within 14 days and we should win at the appeal stage.
I used the template below as a response to get the POPLA code.
However Parkingeye have responded, rejected the appeal but not offered me a POPLA code. I'm not sure if I'm allowed to post the response from Parkingeye on the forum but they basically say they are rejecting the appeal, the driver of the vehicle is responsible for payment and request I provide the details. They won't remove the data from their system and I have a right to complain to the ICO in respect of the response if I so wish. I may also seek a judicial remedy.

Any help with what do I do next would be very much appreciated??


TEMPLATE USED
Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

Should you have obtained the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

Umkomaas

It's their standard, last gasp attempt to get you to cough up the identity of the driver. As they have 35 days to respond with a decision on your appeal, they're using that time to see if they can fool you into supplying the driver identity.

So you just ignore this letter and await their next move (which will probably be a rejection with POPLA Code). Come back when you get that, but do some advance prep for your POPLA appeal via the NEWBIES FAQ sticky, post #3.

Well done on getting things underway at the outset by researching the sticky without seeking help at the very early stage. You will win this, but it will take a little bit more time.

Johno100

Mutch201 wrote: »

Similar to other people in the forum we received a PCN at Abersoch golf club beach car park for an alleged offence on the 31/12/18. Annoyingly we had paid for a ticket but no longer have the original ticket to prove it.
The date of the alleged offence took place was 31/12/18.
The date the PCN was issued was the 24/01/19. It didn't arrive in the post until the 26/1/19.

To be clear did you receive a windscreen ticket at the time?

MistyZ

Umkomaas wrote: »

It's their standard, last gasp attempt to get you to cough up the identity of the driver. As they have 35 days to respond with a decision on your appeal, they're using that time to see if they can fool you into supplying the driver identity.

So you just ignore this letter and await their next move (which will probably be a rejection with POPLA Code).

Seems to me this delaying / phishing tactic is being used more and more recently(?). Anyone would think the scammers are scared they'll lose with wised-up appellants .....

Umkomaas

MistyZ wrote: »

Seems to me this delaying / phishing tactic is being used more and more recently(?). Anyone would think the scammers are scared they'll lose with wised-up appellants .....

I think it's becoming the next stage in PE cases where they have issued a non-compliant NtK (Golden Ticket)

Coupon-mad

Yes this is easy, no idea why people even post about those letters so often.

Parking Eye, Premier Park and UKPC always ask who was driving, when they know they can't win at POPLA. Endless threads asking the same thing all the time here.

It's obvious why they do it, and obvious that you ignore that.

Mutch201

Thanks for your help Umkomaas. I'll ignore the letter and start doing some prep work on the POPLA appeal.

Mutch201

Johno100 wrote: »

To be clear did you receive a windscreen ticket at the time?

No I didn't receive a windscreen ticket.

The_Deep

The whole industry is a scam, relying on threats of court, and the public's ignorance of the Law, A bill is currently before parliament which will regulate the scammers, many of whom are ex-clampers.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Second Reading in the Lords this month, and, with a fair wind, will l become Law later this year..

All five readings are available to watch on the internet, (some 7-8 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.